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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Cherai Beach Resorts – Appellant
Versus
Kerala State Electricity Board Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge on assessment and refund demand. (Para 1 , 2) |
| 2. contention regarding energized load and additional charges. (Para 3 , 5) |
| 3. writ appeal dismissed; no interference granted. (Para 4 , 9) |
| 4. court reiterates legal principles on unauthorized use. (Para 6 , 7) |
| 5. statutory interest liability confirmed. (Para 8 , 11) |
JUDGMENT :
Anil K. Narendran, J.
The appellant, who is a High Tension Consumer of electricity with Consumer No.LCN 4/4212 under the Electrical Section, Cherai of the Kerala State Electricity Board Ltd. (KSEB), which is engaged in running a resort with a sanctioned contract load of 70KVA and connected load of 136KW, filed W.P.(C)No.4107 of 2019 before this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 site mahazar dated 23.05.2018 prepared by the Sub Engineer, Electrical Section, Cherai, Ext.P3 order dated 26.09.2018 issued by the 2nd respondent Assistant Executive Engineer, Electrical Sub Division, North Paravur, Ext.P4 invoice dated 29.09.2018 issued by the 2nd respondent Assistant Executive Engineer and Ext.P8 order dated 15.01.2019 of the 5th respondent Kerala State
The court upheld the statutory requirement for the payment of assessed amounts and interest as per the Electricity Act, rejecting claims of improper assessment.
The court held that excess connected load constitutes unauthorised use of electricity, but the Appellate Authority cannot enhance demands without a challenge from the original authority and notifying....
Court upheld the appellate authority's restriction of liability for unauthorized electricity usage to 12 months due to lack of evidence for a longer period as per Electricity Act.
Authority's decision repealed due to misapplication of prior judgments regarding assessment revisions for unauthorized electricity consumption.
Procedures for assessing unauthorized electricity use can rely solely on record inspections without necessitating physical site reviews, as per Section 126 of the Electricity Act.
The court asserted that the Electricity Appellate Authority exceeded its jurisdiction in contravening statutory mandates under Section 126 while asserting a new method for assessing unauthorized elec....
The appellate authority's flawed assessment was set aside due to lack of justification and reliance on a reversed judgment.
Proper burden of proof concerning unauthorized load assessment lies with the utility provider, not the consumer.
The Electricity Appellate Authority acted within its jurisdiction in reassessing the duration of unauthorized load as per statutory requirements.
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